the SOCIETY RECORD - Nova Scotia Barristers' Society

Illegal downloading of music, film and television shows has artists
worried about how to protect their work. Even when artists can afford
legal advice, the costs associated with litigation can be too high.
“If you’re successful, you may have all your money but you’ll never
get your time or energy back,” says Hirschfeld. “We need a different
model where artists can be compensated for their work.”
Artists have unique legal needs. Many are self-employed with little
income. Susan Tooke, a long-established visual artist in Halifax, says
the life of an artist involves many legal issues.
“We are at a loss,” says Tooke. “We have very little income that fluctuates
widely. The average artist in Canada is earning $14,000 a year.
Women artists earn several thousand less. We have no pensions. We’re
self-employed and running a business. Many support themselves with
other jobs. Canada doesn’t value arts like other places.”
Recently, Nova Scotia took a step towards supporting artists through
the Status of the Artist Act, which recognizes professional artists and
allows arts associations to set levels of pay for artists. While Tooke
supports the legislation, she believes more legal reform is needed.
“Artists need special treatment in tax law,” she says. “Income can
change rapidly. You can sell one year and not the other. I’ve got huge
costs involved with travel, computer and materials. The ability to income
average could make a big difference.”
Access to legal information is difficult for many artists. Tooke serves
as a board member for Canadian Artists Representation/Le Front des
Artistes Canadiens (CARFAC), an organization working with artists
to create industry standards for contracts, fair compensation and
other related issues. Recently, she worked with CARFAC Maritimes
members to try and create a best practices guide similar to the Best
Practices for Saskatchewan but the project was stalled due to a $3,000
shortfall in funding.
Many artists are missing the basic knowledge to advocate for their
rights, says Tooke.
“We don’t have the occasion to talk to lawyers,” she says. “When you
start out as an artist, you’re discouraged to ask for a contract because
you’re anxious to have your work shown. We’re all in the dark on
what would be possible. It’s out of our reach for many of us.”
ALIS is hoping to step in for artists to help. After a successful recent
AGM, the board continues to look for volunteers to help with fundraising
efforts, communications and event planning. They hope to
host another workshop event in the spring.
“We’re the only organization in Atlantic Canada that’s doing this
groundbreaking work,” says Westergard. “It’s nice to know that
there’s a legal lifeline out there for artists.”
For more information on the Nova Scotia Artists Legal Information
Society, visit nsalis.com or email info@nsalis.com.
Boutique?
Or Mass Market?
Decisions matter. Like when you decide to move from one-of-a-kind designs to having designs on
global success. As you expand into new and uncharted markets, will your creativity be compromised?
Or will it be unleashed? Making decisions like these is how you’ll determine the future of your
business. Chartered Accountants can help you make every decision a better one.
Decisions matter.
Spring 2013 17